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(영문) 인천지방법원 2014.06.19 2014고단2263
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On March 18, 2014, at around 01:10, the Defendant obstructed the victim’s restaurant business by force, i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.,

2. On March 18, 2014, at around 01:35, the Defendant received 112 reports and demanded to return home from F to the police officer belonging to the Incheon Southern Police Station E-districted in the Incheon Southern Police Station E-district, which was called “I am flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish flish fl

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order of F, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the Acts and subordinate statutes to report investigation and internal investigation;

1. Article 136 (1) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [Aggravation of concurrent crimes with punishment stipulated in the heavier crime of interference with business];

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria: As to the crime of obstruction of performance of official duties on which the sentencing criteria are set.

A. Determination of type: [13] Obstruction of Performance of Official Duties, 01. Obstruction of Performance of Official Duties, 【Obstruction of Performance of Official Duties’

(b) A person who has been specially adopted: A mitigation factor (a minor in the degree of violence);

(c) General persons: No person;

(d) Scope of recommendations: Reduction area, one month to eight months; and

3. Determination of sentence: Imprisonment for six months, suspension of execution of two years, community service, etc.; and

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